SC asked: Stop fixed salary scheme for bus drivers
BUS operators petitioned the Supreme Court (SC) on Wednesday to stop the government’s plan to implement an order giving bus drivers and conductors fixed salaries beginning this month.
Petitioners are the Provincial Bus Operators Association of the Philippines, the Southern Luzon Bus Operators Association Inc., Inter-city Bus Operators Association, and the City of San Jose del Monte Bus Operators Association.
Assailed in the petition are Department of Labor and Employment’s (Dole) Department Order 118-12, and the Land Transportation, Franchising and Regulatory Board’s (LTFRB) Circular 2012-001, and other related issuances, which petitioners claimed are unconstitutional as they impair existing obligations of contracts under the Bill of Rights, in violation of Article III, Section 10 of the Constitution.
Petitioners also claimed that the assailed government issuances violate the equal protection clause as these orders aimed to cover only Metro Manila buses and not the entire transport sector.
In a 24-page petition, bus operators through their lawyer Leonides Respicio asked the SC to issue a temporary restraining order to stop the respondents from implementing the assailed orders for being unconstitutional.
Under the LTFRB circular, the franchises of bus operators will be revoked if they fail to comply with the Dole’s directive, which is set to be implemented this month.
Aside from giving bus drivers and conductors fixed salaries not lower than the applicable minimum wage rate, the new Dole regulation also mandates bus operators to provide them with 12 regular holidays with pay, one rest day a week, overtime pay, night shift pay and 13 month pay.
The drivers and conductors are also entitled to the normal eight hours of work a day, right to security of tenure, right to self organization and collective bargaining, and access to all government-mandated benefits.
But according to petitioners, they have existing hiring arrangements with their drivers and conductors under their annual collective bargaining agreements (CBA), such as “payment by results or on commission basis, or by incentives,” which have not been prohibited by law.
They claimed that such arrangements had been in place since time immemorial and had in many instances, proven to be more advantageous to bus drivers and operators. These enactments may further cause, in almost all other instances, the diminution of income of the bus drivers and conductors.
The implementation of said order and issuances is tantamount to undue interference of the government in purely private or business matters involving solely private parties.
“It is crystal-clear that these order and circular amount to impairment of obligation/s between petitioners as bus operators and their respective drivers and conductors, inasmuch as said enactments take away, or at least attempts to take away whatever rights were earlier conferred to them as contracting parties in the respective contracts or arrangements previously and voluntarily entered into between them and their respective bus drivers and conductors,” petitioners say.
The bus operators also claimed that the higher rate of compensation to bus drivers and conductors are too heavy for bus operators to shoulder consider considering the fuel price increases in the country.
“The full compliance of the new rules is difficult, if not impossible and it is feared, shall result in the cancellation or in the non-renewal of the Certificates of Public Convenience (CPC) of herein petitioners, which would ultimately result in substantial, if not irreparable losses, maybe even to outright total bankruptcy,” petitioners said.
The Dole order was also issued arbitrarily as it failed to conduct consultations with bus operators and other stakeholders in the transport industry, they added.
http://www.sunstar.com.ph/manila/local-news/2012/07/04/sc-asked-stop-fixed-salary-scheme-bus-drivers-230196
Good picnic spots can be found in some of the best resorts in Pampanga. The good resorts and hotels in Clark Philippines offer safe and clean outdoor facilities for family bonding and picnics. For many reasons Manila families and residents of Angeles City Pampanga as well as Subic and Baguio consider Clearwater as one of the best resorts in Pampanga and certainly the best hotel in Clark Philippines. Guests of this child friendly resort in Clark Pampanga often relax and unwind by the beautiful lake and beach. Hotel accommodation is also available here in this resort in Clark. Function room for meetings and seminars is also available in this popular resort in Clark Philippines. This hotel in Clark is also a favorite holiday destination near Manila during Holy Week, Easter, Christmas and New Year holidays.
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Highly recommended by travel guides as the best private resort in Pampanga, Clearwater Resort in Clark Philippines also offers beach and lake venues for company outings and family picnics. This outdoor resort hotel also offers several beautiful venues for beach wedding and garden receptions. No wonder this private resort in Angeles City Clark Pampanga is frequently visited by wedding couples for prenuptial photo shoot.
Travelers going north to Clark Pampanga frequently look for enjoyable hotel for family bonding during summer vacation in the Philippines. Many visitors to Angeles City, Pampanga Clark Philippines prefer to stay in private resorts located in a secure and safe destination. Staying in a private place makes it possible to enjoy a peaceful holiday with no stress. No wonder many tourists rate Clearwater Resort as the best day-trip destination for a summer getaway, a vacation and a place to celebrate special occasion also.
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Quiet place for rest and relaxation near Manila, in Subic, Angeles City Pampanga and Clark Philippines is something that residents of Manila travelling to the north for a short getaway are looking for. Clearwater is one of the best hotel in Clark and the resort is a very popular venue for rest and relaxation especially for golfers after a round of golf at one of the best golf courses near Manila. Clark is home to some of the best golf courses in Pampanga.
For inquiries and bookings, Please click here to contact Clearwater Resort for inquiries and reservations now
Clearwater Resort and Country Club, Clark Pampanga
Creekside Road near Centennial Expo,
Clark Freeport, Pampanga Philippines 2023
(045) 889-5151 0917-520-4403 0922-870-5177
Joanne or Jeremy or Loydha
Getting to this lake and beach resort in Pampanga Angeles City Clark Philippines
After entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway MA Roxas, passing the stand-along wine shop called Clark Wine Center on the right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, one will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on the right just 200m down.
http://www.ClearwaterPhilippines.com
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay
Email: Inquiry@ClearwaterPhilippines.com
Please click here to contact Clearwater Resort to reserve a venue for your upcoming event now
Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:
http://www.PhilippinesWeddingVenue.com
While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com
YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com
While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
http://www.ClarkWineCenter.com
Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:
http://www.HotelClarkPhilippines.com
http://www.ClarkPhilippines.com
http://www.YatsWineCellars.com
For jobs and business investment opportunities in the Philippines please visit http://www.yilp.com
Hot Line for what’s happening in Clark: 045 889-5151 or 0927-940-2669 ask for Loydha
0915-542-6250 (Jeramie)
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